An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent and that the land accreted before or on May 20, 2003; provided that:
The applicant shall supply the office of planning and sustainable development with notice of the application, for publication in the office's periodic bulletin in compliance with section 343-3(c)(4). The application shall not be approved unless the office of planning and sustainable development has published notice in the office's periodic bulletin.
As used in this section, "permanent" means that the accretion has been in existence for at least twenty years. The accreted portion of the land shall be considered within the conservation district. Land accreted after May 20, 2003, shall be public land except as otherwise provided in this section. Prohibited uses are governed by section 183-45.
HRS § 501-33
Rules of Court
Accretion, see RLC rule 26; maps, see RLC rule 105.
Cited: 73 H. 297, 832 P.2d 724.